China Tariffs: USTR Releases Fourth Set of Exclusions

On Thursday, May 9, 2019, the United States Trade Representative (USTR) released a fourth Notice of Product Exclusions to Section 301 List 1 products currently subject to a 25 percent tariff.

Companies are encouraged to refer to the Annex to this notice to determine if any of your products are included in the 40 products now available for exclusion. The scope of each exclusion is governed by the 10-digit level Harmonized Tariff Schedule (HTS) numbers and the product descriptions identified in the Annex. It is important to note that these exclusions are available for any product that meets the description in the official notice, regardless of whether the importer filed an exclusion request. If you import products that fall under these descriptions, you will be able to claim exclusion using HTS# 9903.88.08.

U.S. Customs and Border Protection (CBP) instructions advise that only the HTS number 9903.88.08, and the regular HTS number should be reported on entries for these Section 301 List 1 excluded products. Importers should not report any other Section 301 Chapter 99 HTS numbers when HTS number 9903.88.08 is entered.

Retroactive refunds of the Section 301 tariffs will not be automatic. Importers must submit a post-summary correction (PSC) for eligible entries made subsequent to July 6, 2018. If entries have already liquidated, importers may follow liquidation protest rules.